Award of a contract without prior publication of a call for competition in the Official Journal of the European Union in the cases listed below
- Extreme urgency brought about by events unforeseeable for the contracting authority and in accordance with the strict conditions stated in the directive
Explanation
The Routes were previously performed by Aircoach under licence. Having regard to the impact of Covid-19, the Authority concluded that it was necessary to secure the continued provision of these routes under a public service obligation.
In awarding the contract directly, the Authority has acted insofar as is strictly necessary and having regard to the extreme urgency brought about by Covid-19, to ensure the provision of important public passenger transport services. The Routes have been significantly affected by the impact of Covid-19. Changes in the demand for public transport and the evolving public health guidelines in respect of capacity on public transport vehicles have significantly reduced the commercial viability of the Routes. In advance of the signing of the contract, the Operator had suspended operation of the licensed Routes. The Authority is satisfied that continued operation without intervention in the form of a contract is unsustainable in the short term. In the absence of this contract, there is a significant and immediate risk that the areas served by the Routes would be left without adequate public transport.
The impact of Covid-19, including the reduced demand for public transport and the restrictions on ridership to maintain social distancing, were unforeseeable by the Authority.
The Authority is satisfied that the time limits specified for open procedures, restricted procedures and negotiated procedures with prior call for competition (including the accelerated procedures provided for in the legislation) could not have been complied with. The Authority estimates that a procurement procedure in respect of the Routes would take at least 20 weeks (representing an accelerated timeframe beyond what the Authority would normally estimate). This estimate is based on the complexity of the subject matter, the time for preparation of tender documents, the timeframe for the evaluation of responses, the requirement to observe a standstill period, the Authority’s resourcing, and the fact that a significant number of parallel competitions would have to be run simultaneously. The Authority received confirmation of funding for the proposed contract on 26 June 2020, and a 20 week period starting on that date would not achieve the objective of ensuring continued service provision on the Routes. The Authority is satisfied that a delay of 20 weeks from the date on which funding was confirmed would have led to a further reduction of services on the Routes.
The procurement is covered by the Government Procurement Agreement
: yes